The Virginia Court of Appeals recently held that the Virginia Department of Taxation cannot make it a requirement for a corporation to include the income and factors of a 17% owned LLC with its own income and factors as a unitary business. The taxpayer obtained the interest in question in exchange for the sale of several travel centers to a
Eversheds Sutherland
Missing TAMs
By Eric Coffill
In this article, originally published by CalCPA in the January/February 2025 issue of California CPA, Eversheds Sutherland Senior Counsel Eric Coffill spotlights the recent disappearance of Technical Advice Memorandums (TAMs) from the California Franchise Tax Board (FTB) website.
Read the full article here.
Seeking FTB advice
By Eric Coffill
In this article originally published by CalCPA in the May 2024 issue of California CPA, Eversheds Sutherland Senior Counsel Eric Coffill explores the number of options available when trying to obtain advice from the FTB on planning and policy issues.
Read the full article here.
Don’t count on a sales tax discount: California Court of Appeal supports the validity of Regulation 1585
By Eric Coffill
The California Court of Appeal for the Third Appellate District held that the purchase of “discounted” cell phones bundled together with wireless services requires payment of sales tax based on the cell phone’s full price.
Plaintiffs purchased cell phones at a reduced cost, together with wireless services, in a “bundled transaction.” The bundled transaction included the taxable sale of tangible…
Here we go again: How 2024 is shaping up to be an exciting year in California tax
By Eric Coffill
Good tax legislation. Bad tax legislation. Massive budget shortfall. A November general election around the corner. Curious agency guidance. And looming corporate tax appeal decisions. 2024 is shaping up to be a wild year for California tax.
Join Eversheds Sutherland attorneys Tim Gustafson and Eric Coffill on Thursday, January 25 for a discussion of what we’ve seen thus far on…
What the doctor ordered: Maine court apportions drug company’s income on a “market member basis”
By Eric Coffill
The Maine Supreme Judicial Court held that a prescription drug company’s income should be apportioned based on the location where its prescription drugs are received, rather than the headquarters locations of the health plans or employers paying for the drugs.
The drug company sought income tax apportionment based on a “market client basis,” arguing that its services were primarily received…
FTB audits: Considerations for handling requests for statute extensions by FTB auditors
By Eric Coffill
In this article originally published by CalCPA in the September issue of California CPA, Eversheds Sutherland Senior Counsel Eric Coffill provides some considerations in deciding whether to grant or deny an auditor’s request for a statute waiver in a pending audit, a common issue arising in FTB audits.
Read the full article here.
Tips for settling tax matters with the FTB and CDTFA
By Eric Coffill
In the October 2023 edition of Spidell’s California Taxletter, Eversheds Sutherland Senior Counsel Eric Coffill shares six tips for settling tax matters with the FTB and theCDTFA.
Read the full article here.
An interview with California FTB Deputy Chief Counsel Shane Hofeling
By Eric Coffill
In this installment of Across State Lines in Tax Notes State, Eversheds Sutherland Senior Counsel Eric Coffill interviews Shane Hofeling, deputy chief counsel and director of the California Franchise Tax Board’s Technical Resources Bureau.
Read the full article here.
Shifting sands: Interest payments at issue in the latest installment of Maryland’s Wynne litigation
By Eric Coffill
In a recent unreported decision, the Maryland Appellate Court held that taxpayers were not entitled to a 13 percent interest rate on a judgement after the legislature lowered the state’s refund interest rate during the pendency of the taxpayers’ appeal.
The taxpayers successfully challenged the limits that Maryland state law placed on the tax credit for income taxes paid to…